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17 Jan 2024
What's the FOOD ACT?

The new Food Act was passed by Parliament in 2022. This sometimes unfamiliar legislation is essential to ensure food security. Neeraj Coothoopermal, Quality Manager at Panagora Marketing Ltd and a member of one of the public-private working committees, explains.

What is the Food Act?

The Food Act is a law that governs all players in the food industry, including production companies, shops and anyone who handles food. The seller of "gâteaux piment" is just as concerned as the sausage producer.

After numerous consultations with experts and the drafting of white papers, the Food Act of 1998 finally evolved into a Food Bill in 2022. This new legislation has become essential to address certain delays, anomalies and changes in knowledge. Several teams, including a specialist committee of which I was a member, have been working on this new legislation since 2020.

It is important to understand that the Food Act is accompanied by the Food Regulations, issued by the Ministry of Health, which provide more detail on what the law means and the conditions for its application. So a whole segment of legislation is changing.

What will change in the Food Act (2022)?

Firstly, the Food Act creates a new competent authority, the Food Safety Agency, which will have to manage many consequences of this law: operating methods, new criteria, new fines, etc.

Secondly, most of the changes concern the improvement of quality standards for local products: adaptation to the Codex Alimentarius, nutritional declaration or the "best before" date... There is also a standardisation of requirements for food traders and producers, such as the obligation to have HACCP certification.

Finally, and most importantly, there are many measures to strengthen consumer protection, for example in the event of product recalls or complaints about a food product.

What protects consumers outside the Food Act?

Well, the Bill has been passed but not yet enacted. This means that the provisions of the 1998 Act still apply. Health inspectors from the Ministry of Health therefore ensure that the law is respected.

Beyond the legal framework, companies voluntarily take various measures, such as ISO 22000 certification, FSSC or labels such as Label Rouge, which oblige them to comply with certain additional requirements.

Within a franchise, there may also be legal requirements that one company imposes on another - in other words, the franchisor lays down legal and specific rules that must be followed. It can sometimes be a bit complex and technical for a member of the public, but the important thing is to understand that there are many rules in place to protect consumer rights.